do-me/EUR-LEX huggingface dataset:
Case C-484/16: Order of the Court (Ninth Chamber) of 13 December 2016 (request for a preliminary ruling from the Giudice di Pace di Taranto — Italy) — Criminal proceedings against Antonio Semeraro (Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — Directive 2012/29/EU — Article 2(1)(a) — Minimum standards on the rights, support and protection of victims of crime — Charter of Fundamental Rights of the European Union — Articles 49, 51, 53 and 54 — Offence of defamation — Repeal by the national legislature of the offence of defamation — Lack of connection to EU law — Manifest lack of jurisdiction of the Court)
Date: 2016-12-13
Institutions: Court of Justice
Subjects: defamation, help for victims, judicial cooperation in criminal matters in the EU, jurisdiction








C_2017086EN.01000401.xml










20.3.2017   


EN


Official Journal of the European Union


C 86/4





Order of the Court (Ninth Chamber) of 13 December 2016 (request for a preliminary ruling from the Giudice di Pace di Taranto — Italy) — Criminal proceedings against Antonio Semeraro
(Case C-484/16) (1)

((Reference for a preliminary ruling - Manifest lack of jurisdiction - Article 53(2) of the Rules of Procedure of the Court - Judicial cooperation in criminal matters - Directive 2012/29/EU - Article 2(1)(a) - Minimum standards on the rights, support and protection of victims of crime - Charter of Fundamental Rights of the European Union - Articles 49, 51, 53 and 54 - Offence of defamation - Repeal by the national legislature of the offence of defamation - Lack of connection to EU law - Manifest lack of jurisdiction of the Court))
(2017/C 086/05)
Language of the case: Italian

Referring court

Giudice di Pace di Taranto

Criminal proceedings against

Antonio Semeraro

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the request for a preliminary ruling from the Giudice di Pace di Taranto (Justice of the Peace, Taranto, Italy), made by decision of 2 September 2016.


(1)  OJ C 428, 21.11.2016.
Case T-58/16: Judgment of the General Court of 13 December 2016 — Apax Partners v EUIPO — Apax Partners Midmarket (APAX) (EU trade mark — Opposition proceedings — Application for the EU word mark APAX — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009)
Date: 2016-12-13
Institutions: General Court
Subjects: EU trade mark, advertising, insurance, investment company, registered trade mark, trade-mark law








C_2017030EN.01004801.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/48





Judgment of the General Court of 13 December 2016 — Apax Partners v EUIPO — Apax Partners Midmarket (APAX)
(Case T-58/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark APAX - Earlier international word mark APAX - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009))
(2017/C 030/54)
Language of the case: English

Parties


Applicant: Apax Partners LLP (London, United Kingdom) (represented by: D. Rose, J. Warner and J. Curry, Solicitors)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and I. Moisescu, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Apax Partners Midmarket (Paris, France) (represented by: C. Moyou Joly, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2015 (Case R 1441/2014-2), relating to opposition proceedings between Apax Partners Midmarket and Apax Partners.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders APAX Partners LLP to pay the costs, including those necessarily incurred by APAX Partners Midmarket, for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 111, 29.3.2016.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo apply
Date: 2016-12-13
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, arms control, arms trade, economic sanctions, international sanctions, personal data








C_2016463EN.01000301.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo apply
(2016/C 463/04)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EC) No 1183/2005 (2).
The controller of this processing operation is the Council of the European Union represented by the Director General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 1183/2005.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 193, 23.7.2005, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.
Euro exchange rates
Date: 2016-12-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2016463EN.01000701.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/7





Euro exchange rates (1)

12 December 2016
(2016/C 463/08)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0596 




JPY


Japanese yen


122,69 




DKK


Danish krone


7,4371 




GBP


Pound sterling


0,83900 




SEK


Swedish krona


9,7445 




CHF


Swiss franc


1,0772 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9498 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,027 




HUF


Hungarian forint


314,02 




PLN


Polish zloty


4,4530 




RON


Romanian leu


4,5073 




TRY


Turkish lira


3,7269 




AUD


Australian dollar


1,4174 




CAD


Canadian dollar


1,3918 




HKD


Hong Kong dollar


8,2211 




NZD


New Zealand dollar


1,4793 




SGD


Singapore dollar


1,5145 




KRW


South Korean won


1 237,73 




ZAR


South African rand


14,5441 




CNY


Chinese yuan renminbi


7,3225 




HRK


Croatian kuna


7,5335 




IDR


Indonesian rupiah


14 121,82 




MYR


Malaysian ringgit


4,6750 




PHP


Philippine peso


52,720 




RUB


Russian rouble


64,8661 




THB


Thai baht


37,764 




BRL


Brazilian real


3,5953 




MXN


Mexican peso


21,4472 




INR


Indian rupee


71,4485 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8268 — Norinco/Delphi’s Mechatronics Business) (Text with EEA relevance )
Date: 2016-12-13
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2016463EN.01000102.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/1





Non-opposition to a notified concentration
(Case M.8268 — Norinco/Delphi’s Mechatronics Business)
(Text with EEA relevance)
(2016/C 463/02)
On 2 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8268. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-548/15: Judgment of the General Court of 13 December 2016 — Guiral Broto v EUIPO — Gastro & Soul (Café del Sol) (EU trade mark — Opposition proceedings — Application for the EU word mark Café del Sol — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence)
Date: 2016-12-13
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2017030EN.01004501.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/45





Judgment of the General Court of 13 December 2016 — Guiral Broto v EUIPO — Gastro & Soul (Café del Sol)
(Case T-548/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Café del Sol - Earlier national figurative mark Café del Sol - Failure to submit evidence in the language of the opposition proceedings - Articles 75 and 76 of Regulation (EC) No 207/2009 - Rules 19 and 20 of Regulation (EC) No 2868/95 - Rights of the defence))
(2017/C 030/49)
Language of the case: English

Parties


Applicant: Ramón Guiral Broto (Marbella, Spain) (represented by: J.L. de Castro Hermida, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Gastro & Soul GmbH (Hildesheim, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 July 2015 (Case R 2755/2014-5), relating to opposition proceedings between Mr Guiral Broto and Gastro & Soul.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 2755/2014-5), relating to opposition proceedings between Mr Ramón Guiral Broto and Gastro & Soul GmbH;










2.


Dismisses the action as to the remainder;










3.


Orders EUIPO and Mr Guiral Broto each to bear their own costs.






(1)  OJ C 398, 30.11.2015.
Prior notification of a concentration (Case M.8259 — Groupe H.I.G./Guillaume Dauphin/Ecore) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-12-13
Institutions: European Commission
Subjects: economic concentration, merger control, waste recycling








C_2016463EN.01001901.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/19





Prior notification of a concentration
(Case M.8259 — Groupe H.I.G./Guillaume Dauphin/Ecore)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 463/13)






1.


On 1 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Guillaume Dauphin and H.I.G. Capital LLC (‘Groupe H.I.G.’, of the United States) will acquire, by way of sale and purchase of shares, joint control within the meaning of Article 3(1)(b) of the Merger Regulation over Ecore B.V. (‘Ecore’, of the Netherlands), currently solely controlled by Guillaume Dauphin.










2.


The business activities of the undertakings concerned are:






—


Guillaume Dauphin produces and sells recycled raw materials through Ecore,










—


Groupe H.I.G. is a private equity investment firm with participations in small and medium-sized companies,










—


Ecore produces and sells recycled raw materials. Ecore is more specifically active in waste collection, treatment of waste and sales of recycled materials, mainly ferrous metals. Ecore also produces and sells other recycled materials, such as non-ferrous metals, paper, carton, and plastics.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8259 — Groupe H.I.G./Guillaume Dauphin/Ecore, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/72/CFSP and Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
Date: 2016-12-13
Institutions: Council of the European Union
Subjects: Tunisia, economic sanctions, international sanctions, natural person








C_2016463EN.01000401.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/4





Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/72/CFSP and Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
(2016/C 463/05)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/72/CFSP (1), and in Annex I to Council Regulation (EU) No 101/2011 (2), concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia.
The Council intends to renew the restrictive measures provided for in Council Decision 2011/72/CFSP. The Council holds on its file new elements concerning all persons listed in the Annex to Decision 2011/72/CFSP and in Annex I to Regulation (EU) No 101/2011. The persons concerned are hereby informed that they may submit a request to the Council to obtain the information that relates to them, before 18 December 2016, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




email: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 5 of Decision 2011/72/CFSP and Article 12(4) of Regulation (EU) No 101/2011.


(1)  OJ L 28, 2.2.2011, p. 62.

(2)  OJ L 31, 5.2.2011, p. 1.
European Parliament legislative resolution of 13 December 2016 on the Council position at first reading in view of the adoption of a Regulation of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002 (11625/1/2016 — C8-0427/2016 — 2012/0179(COD))
Date: 2016-12-13
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Atlantic Ocean, EU waters, catch by species, catch quota, conservation of fish stocks, deep-sea fishing, fishing area, fishing rights, international waters, sea fish








C_2018238EN.01014501.xml










6.7.2018   


EN


Official Journal of the European Union


C 238/145





P8_TA(2016)0483
North-East Atlantic: deep-sea stocks and fishing in international waters ***II
European Parliament legislative resolution of 13 December 2016 on the Council position at first reading in view of the adoption of a Regulation of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002 (11625/1/2016 — C8-0427/2016 — 2012/0179(COD))
(Ordinary legislative procedure: second reading)
(2018/C 238/18)

The European Parliament,






—


having regard to the Council position at first reading (11625/1/2016 — C8-0427/2016),










—


having regard to the opinion of the European Economic and Social Committee of 13 February 2013 (1),










—


having regard to the opinion of the Commission (COM(2016)0667),










—


having regard to its position at first reading (2) on the Commission’s proposal to Parliament and the Council (COM(2012)0371),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 76 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Fisheries (A8-0369/2016),












1.


Approves the Council position at first reading;












2.


Notes that the act is adopted in accordance with the Council position;












3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;












4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 133, 9.5.2013, p. 41.

(2)  Texts adopted of 10.12.2013, P7_TA(2013)0539.
Case T-549/15: Judgment of the General Court of 13 December 2016 — Guiral Broto v EUIPO — Gastro & Soul (CAFE DEL SOL) (EU trade mark — Opposition proceedings — Application for the EU figurative mark CAFE DEL SOL — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence)
Date: 2016-12-13
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2017030EN.01004502.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/45





Judgment of the General Court of 13 December 2016 — Guiral Broto v EUIPO — Gastro & Soul (CAFE DEL SOL)
(Case T-549/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark CAFE DEL SOL - Earlier national figurative mark Café del Sol - Failure to submit evidence in the language of the opposition proceedings - Articles 75 and 76 of Regulation (EC) No 207/2009 - Rules 19 and 20 of Regulation (EC) No 2868/95 - Rights of the defence))
(2017/C 030/50)
Language of the case: English

Parties


Applicant: Ramón Guiral Broto (Marbella, Spain) (represented by: J.L. de Castro Hermida, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Gastro & Soul GmbH (Hildesheim, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 July 2015 (Case R 1888/2014-5), relating to opposition proceedings between Mr Guiral Broto and Gastro & Soul.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 1888/2014-5), relating to opposition proceedings between Mr Ramón Guiral Broto and Gastro & Soul GmbH;










2.


Dismisses the action as to the remainder;










3.


Orders EUIPO and Mr Guiral Broto each to bear their own costs.






(1)  OJ C 381, 16.11.2015.